Manjinder Singh @ Mani v. State Of Punjab

    
      
 

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! 12  10    " !     !    #! "   1 It is submitted by learned counsel for the petitioner that the petitioner is in custody for about 3 years and it is a case where 18 prosecution witnesses out of 30 have already been examined. He submitted that even otherwise also it was a case of version and cross-version and in fact it was a dispute of 1 kanal of land. He further submitted that even as per the allegations, the petitioner was having 12 bore licensed weapon belonging to his father and had gone to the place of land which

  was in dispute on the basis of information that the complainant party was taking possession of the land and from the licensed weapon he had fired in the air. Thereafter the other party was the aggressor party and had also caused injuries to the petitioner party. He submitted that it is yet to be determined at the time of trial who was the aggressor party and who had acted in self-defence. He further submitted that the other co-accused namely Gurmilap Singh and Gurnam Singh have already been extended the benefit of regular bail by this Court in CRM-M43780 of 2020 and CRM-M-47127 of 2021 on 23.11.2022 and the petitioner has clean antecedents and is not involved in any other case except one case under the Excise Act. He further submitted that all the material witnesses have already been examined and the total custody of the petitioner is about 3 years and therefore the petitioner may be considered for the grant of regular bail. 3.

On the other hand,
  "  #   has submitted that so far as the period of custody of the petitioner is concerned, the same is not in dispute and also not in dispute that the aforesaid two co-accused have already been granted bail vide Annexure P-6. 4  5  "        "     

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I have heard learned counsel for the parties. 5.

The petitioner has already faced incarceration for about three years and the 18 prosecution witnesses out of 30 have already been examined. The other two co-accused namely Gurmilap Singh and Gurnam Singh have already been extended the benefit of regular bail by this Court vide Annexure P-6. As per learned counsel for the parties, both the parties had suffered injuries and it was a

 case of version and cross-version. This Court does not wish to make any observation with regard to the merits of the case but considering the period of custody of the petitioner which is about 3 years and the fact that 18 prosecution witnesses have already been examined and      !    !    !             "6 ! "

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In view of the aforesaid position, the petitioner shall be entitled for the grant of regular bail. )9 6 the present petition is allowed. %    

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